Segurança pública e as guardas municipais: aparente legalidade por meio da Lei N.º 13.022/2014

Abstract

This paper seeks to address a thematic that is gaining more and more space in the Courts of Justice of the states. Recently, reached to Supreme Court of the Country, through Extraordinary Appeal (RE) 658570, interposed brought by the Public Prosecutor’s Offce against a ruling of the State Court of Justice (TJ-MG), which recognized the constitutionality of norm the Municipality of Belo Horizonte, conferring on the municipal guard the competence to supervise the traffc and impose fnes. Indeed, acting on ostensible patrols, arrests or even traffc surveillance, but such actions of municipal guards are gradually questioned. The problem came discussed even before the publication of Law n.o 13.022 / 2014, which instituted the General Statute of Municipal Guards. Activities carried out by Municipal Guards in the Brazilian States were being questioned by people, public security organs, Public Prosecutors in justice Courts, sometimes manifesting against attributions that are created by the legislative vacuum. However, with the approval of the Municipal Guard Statute, Law no. 13.022 / 2014, the problem has escalated even more, because actions were being implemented in an unsuitable way, received a support inappropriate that did not stick to what proclaimed the constitutional text regarding the duties of the Guards. Thus, observing the possible problem for violation of rights regarding citizens, as well as violation a functional premises the institutions democratically instituted by the constituent legislator, which are positivadas in the Constitution, research tends answer: activities developed by municipal guards respect an constitutionally imposed obligation? To respond formulated research question, it posited itself as the general objective of the article that aims to analyze whether was respected in the constitutional delimited attributions for Law 13.022 /2014 - General Statute of Municipal Guards. The method of approach used will be the deductive one, due to the fact that it better fts the purpose of the research, since it is part of the general elements of greater premise of the supremacy of the Constitution, passing through the structuring elements of public security, aiming at reaching an understanding about of the legality or not of the attributions positivadas in the Law no 13.022 / 2014 -General Statute of the Municipal Guards. The research technique used will be the bibliographic research. In the course of the study, the constitutional it was verifed prevalence of on the created norm other was clearly verifed. Approached public security and its legally established bodies were approached and it was observed that the General Statute of the Municipal Guards did not respect the Magna Carta.